Legislation -
Bill Passed
(Senate)
(22-13) -
April 5, 2012(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:

Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).

Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):

The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;

The alleged offense is:

A class 1 or class 2 felony; or

A violent sexual assault;

Any other violent felony; or

The juvenile has previously been found guilty of one of the above offenses in a district court.

Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):

The seriousness of the alleged offense;

The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

The age and maturity of the juvenile;

The record and history of the juvenile,

The current and past mental health of the juvenile; and

The likelihood of the juvenile’s rehabilitation.

Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).

Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):

Legislation -
Bill Passed
(House)
(45-20) -
March 19, 2012(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for trying juveniles as adults and repeals the authority of district attorneys to direct file against juveniles.

Highlights:

Repeals the authority of district attorneys to decide whether to charge juveniles as adults and establishes that only judges have the authority to decide in what court a juvenile will be tried (Sec. 1).

Authorizes a juvenile to be charged as an adult only in the following circumstances (Sec. 1):

The juvenile is 16 years or older at the time of the alleged offense, whereas existing law authorized adult charges for juveniles 14 years or older;

The alleged offense is:

A class 1 or class 2 felony; or

A violent sexual assault;

Any other violent felony; or

The juvenile has previously been found guilty of one of the above offenses in a district court.

Requires the court to consider certain factors in its decision of whether to try a juvenile as an adult, including but not limited to, the following factors (Sec. 1):

The seriousness of the alleged offense;

The alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

The age and maturity of the juvenile;

The record and history of the juvenile,

The current and past mental health of the juvenile; and

The likelihood of the juvenile’s rehabilitation.

Authorizes a juvenile to file a petition to transfer his or her case from a district court to a juvenile court (Sec. 1).

Requires the district judge to sentence a juvenile convicted of criminal charges in district court to the youthful offender system in the department of corrections, unless the juvenile qualifies for adult sentencing through a conviction of any of the following offenses (Sec. 1):